WEIGHTS AND MEASURES ORDINANCE

Title

Description

Weights and Measures.

No. 22 of 1844.

An Ordinance for establishinb Standard Weights and Measures, and for

preventing the Use of such as are False and Deficient.

30th December, 1844.

WHEREAS it is necessary to provide against the use of fraudulent weights and
measures in Hongkong and its dependencies, and for that purpose to
establish
certain standards by which all other weights and measures may be
regulated, and to
prohibit the use of any other weights and measures than such as shall
agree with such
standards: And whereas certain weights and measures of the standard now
in force
and in use in China and the United Kingdom of Great Britain and Ireland
(schedules
whereof marked with the letters A. and B. are hereunto annexed) have been
deposited
in the Colonial Treasury in the town of Victoria:.

1. Be it therefore enacted by His Excellency the Governor of Hongkong,
with the
advice of the Legislative Council thereof, that the .said several.
weights and measures
deposited in the Colonial Treasury in Victoria as aforesaid shall be
there safely kept;
and shall be, and they are hereby declared to be, the standard weights
and measures of Hongkong.
ORDINANCE No. 22 of 1844.

Weights and Measures.

Q. And be it further enacted, that it shall be lawful for the Governor of
the said
Colony to cause copies and models of the several weights and measures so
deposited in
the Colonial Treasury in Victoria as aforesaid to be carefully made, and
upon every
such weight or measure being verified before such Governor, and approved
of by him,
to cause a mark or stamp to be legibly impressed or engraven thereon, to
shew that
the same hath been so verified and approved: and such mark or stamp shall
consist of
such letters and figures as are commonly used to signify Her Majesty's
name or
mark, together with S. W. or S. M. signifying standard weight or standard
measure as
the case may be, and the number of pounds or other denomination of such
weight or
measure; and such copies or models, after being so verified, approved,
and marked, q
shall be deposited with all Magistrates of Police, and such other proper
persons as
may be appointed, and shall be by them respectively, safely and securely
kept for the
purpose of reference as hereinafter directed; and if any such person
shall falsify or
otherwise wilfully injure such copies or models so deposited with him as
aforesaid, he
shall, on conviction thereof in a summary manne'r, forfeit and pay for
every such
offence the sum of one hundred dollars.

3. And be it further enacted, that in case any of the said standard
weights or
measures, or the copies or models thereof, shall be lost, destroyed,
defaced, or other-
wise injured, another weight or measure shall be provided with the
approbation of the
Governor for the time being, of the same size and weight or measure as
the weight or
measure so lost, destroyed, defaced, or otherwise injured, and the same
shall thereupon
be deemed to be a true and genuine weight or measure to all such and the
like intents
and purposes as the weight or measure which shall have been lost,
destroyed, defaced,
or otherwise injured.
4. And be it further enacted, that all persons who may be desirous of
comparing
and adjusting any weights and measures, shall have access to all such
copies and
models of the standards so deposited as aforesaid at all reasonable times
; and it shall
be the duty of the respective Magistrates of Police, and such other
persons as aforesaid,
to compare every such weight and measure as shall be brought before them
respectively
with such copies or models as aforesaid, and to stamp them accordingly
with such
marks as are herein aforesaid, without taking any fee or reward therein.

5. And if any such Magistrate or other person shall fail, neglect, or
refuse to
compare or stamp any such weights and measures at all such reasonable
times as he or
they shall be thereunto required, he shall on conviction forfeit and pay
the sum of
fifty dollars, to be recovered in a summary manner in manner aforesaid.

3. And be it further enacted, tbat as soon as conveniently may be after
the taking
effect of this Ordinance, the * Chief Magistrate of Police in Hongkong
shall be, and he
is hereby directed to appoint one or more person or persons, who shall
have power to
examine the balances, weights, and measures in Hongkong, and shall be
duly sworn
well and faithfully to execute the office in him or them reposed by
virtue of such
appointment and of this Ordinance, which oath the said Chief Magistrate
of Police is
hereby directed and empowered to administer.

109

=2 ' Of noll
P'dedelt. be
made by order
of the Governor,
and having been
verified and
marked, to be
deposited with
the Magistrate
of Police and
Others.

Penalty If
Magistrate or
other person
shall falsify or
wilfully injure
such copies.

1n case of
standards or
copies being
lost, others to be
supplied.

Persons to have
access to such
copies at all
reasonable times.

Magistrates and
others to
compare and
stamp such
weights %nd
measures
shall be brought
before them for
that purpose.

when so - - ?'. And be it further enacted; that it shall and may be lawful
to and for the person
directed, to visit or arsons so to be appointed examiners as aforesaid,
and they are hereby required, as
shops, &e., and p

a aci deficient often as may be necessary, in the day-time to epter into
the shop, house, mill,
Wealigns~ana store, outhouse, and other places near to such shop, mill,
store, or house, and into the
measures.
stall or standing-place of any person or persons who shall sell by weight
or measure
any wares, provisions, goods, or merchandise, or any liquid or dry goods,
or other
articles whatsoever, and then and there to search for, view, and examine
all balances,
and all weights and measures of length and capacity therein, and to seize
any false or
unequal balance ox balances, and any weight or weights, measure or
measures, being

frardulently stamped, or not being according to the standards, or the
copies or models
thereof, as hereinbefore is mentioned, which shall upon such search be
found therein
and to detain the same to be produced before any Justice of the Peace for
the
district or place within which any such balance, weight, or measure shall
have been
seized as aforesaid; and such Justice of the Peace is hereby authorized
and required to
inquire into, hear, and determine in a summary way, all informations,
matters, and
things touching such seizures, and the person or persons in whose shop,
house, mill,
stoxe.house, outhouse, premises, stall, or standing-plane, any such
false, deficient, or
fraudulently stamped balance or balances, weight or weights, measure or
measures, shall
be found, shall, upon conviction thereof, forfeit all such false,
deficient, or fraudulently
stamped balances, weights, and measures, which balances, weights, and
measures, so
forfeited, shall be broken or otherwise disposed o£, as such Justice
before whom such

And offender to conviction shall have taken place shall order and direct,
and shall also forfeit and pay.
forfeit a cam not

esceedcag one fox every such false, deficient, or fraudulently stamped
balance, weight, or measure, such

hundred donare.

sum, of money, not exceeding the sum of one hundred dollars, as the said
Justice,
before whom any such person or persons shall be convicted shall in his
discretion order
and adj udge.

Penalty on $, And be it further enacted, that if any person shall wilfully
obstruct, hinder,
persona
obstructing resist, or in anywise oppose any o£ the persons hereby
authorized and empowered to
examiners; or
refusing to
prodaee view and examine such balances, weights, and measures, in the
execution of his office,
balances$
weights, or or if any person, .selling by weight or measure shall refuse
to produce his balances, for
exmeasuresamination. weights, or measures, in order to be viewed or
examined, he shall for every such offence
forfeit and pay any sum not exceeding two hundred dollars, nor less than
fifty dollars.
No person to sell 8. And be it further enacted, that from and after the
first day of February, one
by any other
than the thousand eight hundred and forty-five, it shall not be lawful for
any person to bargain,
standard
weights and sell, deliver in payment, barter, or exchange, any gnods'
wares' merchandise' or other
measures. thing, by any other weights and measures than by auchas shall
agree withthe said standard
weights and measures, or the copies or models thereof, as .aforesaid
(except as herein.
after excepted,) upon pain of forfeiting for each and every such offence
the sum of
riot to apply to one hundred dollars, to be recovered in a summary way;
Provided, however, that
contracts made
previous to nothing hereinbe£oxe contained shall apply to contracts or
bargains for the sale,
commencement
of Qrdfnance. exchange, or delivery 4 any goods, ware, merchandise, ox
other thing bona fide made
ORDINANCE No. 22 ox 1844.

Weights ~znd Measures.

and entered into before the said first day of February, one thousand
eight hundred
and forty-five; but that all goods, wares, merchandise, and other thing
so contracted
-r..
and bargained for, as last aforesaid, shall and may be sold and delivered
according to
the ratio and proportion which the weights or measures in use in the
Colony at the
time such contacts or bargains sh l have been a shall bear to the
standard weights
and measures established by this Q~dinance.

10. .and be it further enacted, that in evep sale, barter, and exchange
of any
goods, or things which are not con vaonly or which hadl not be contracted
or agreed to
be delivered by heaped measure, the measure shall not be heaped, but
shall be atripkene
with a round stick or roller straight and of the same diameter from end
to end.

11. And be it enacted, that ;1 fines and ppalties provided by this
Ordinance
shall (except when it is otherwise specially provided) be recovered,
levied, and distri.
buted, on the offender being convicted in a summary way before any
Magistrate of,
Police, or before any, two Justices of the Peace, in the manner provided
by Ordinance
No. 10 of 1844.

12. And be it further enacted, that nothing in this Ordinance contained
shall be
deemed or taken to extend or apply to the sale of medicines or precious
metals, or
precious stones, nor to the weights or measures bond fide used for the
sale thereof.

13. And be it further enacted, that this Ordinance shall commence and
take effect
from and after the first day of February, one thousand eight hundred and
forty-five.

One Bushel.
One Half Bushel.
One Peck.
One Gallon.
One Half Gallon.
One Quart.
One Pint.
One Half Pint.
One Gill.
One Half Gill.
180

Title.
Preamble.
Certain weights and measures in the Colonial Treasury, Victoria, declared to be standards.
Copies of such standards to be made by order of the Governor, and having been verified and marked, to be deposited with the Magistrate of Police and others.
Penalty if Magistrate or other person shall falsify or wilfully injure such copies.
In case of standards or copies being lost, others to be supplied.
Persons to have access to such copies at all reasonable times.
Magistrates and others to compare and stamp such weights and measures as shall be brought before them for that purpose.
Penalty if they shall neglect or refuse.
Persons to be appointed to examine balances, weights, and measures. [* See Ord. No. 6 of 1862.]
Examoners, when so directed, to visit shops, &c., and seize false or deficient balances, weights, and measures.
Upon conviction false weights and measures to be destroyed.
And offender to forfeit a sum not exceeding one hundred dollars.
Penalty on persons obstructing examiners, or refusing to produce balances, weights, or measures for examination.
No person to sell by any other than the standard weights and measures.
Not to apply to contracts made previous to commencement of Ordinance.
For stricken measures.
Fines &c. to be levied and distributed in manner provided by Ordinance No. 10 of 1844.
Not to apply to the sale of medicines or precious metals or stones.
Commencement of Ordinance.

Abstract

180

Title.
Preamble.
Certain weights and measures in the Colonial Treasury, Victoria, declared to be standards.
Copies of such standards to be made by order of the Governor, and having been verified and marked, to be deposited with the Magistrate of Police and others.
Penalty if Magistrate or other person shall falsify or wilfully injure such copies.
In case of standards or copies being lost, others to be supplied.
Persons to have access to such copies at all reasonable times.
Magistrates and others to compare and stamp such weights and measures as shall be brought before them for that purpose.
Penalty if they shall neglect or refuse.
Persons to be appointed to examine balances, weights, and measures. [* See Ord. No. 6 of 1862.]
Examoners, when so directed, to visit shops, &c., and seize false or deficient balances, weights, and measures.
Upon conviction false weights and measures to be destroyed.
And offender to forfeit a sum not exceeding one hundred dollars.
Penalty on persons obstructing examiners, or refusing to produce balances, weights, or measures for examination.
No person to sell by any other than the standard weights and measures.
Not to apply to contracts made previous to commencement of Ordinance.
For stricken measures.
Fines &c. to be levied and distributed in manner provided by Ordinance No. 10 of 1844.
Not to apply to the sale of medicines or precious metals or stones.
Commencement of Ordinance.